First, beware of being mentioned by others as "withdrawing three"
Paragraph 2 of Article 49 of the Trademark Law stipulates that "any unit or individual may apply to the Trademark Office for cancellation if a registered trademark becomes the common name of the goods it has approved for use or is not used for three consecutive years without justifiable reasons". In order to prevent those acts of registering a trademark for the sake of "registering a trademark", the Trademark Law has specially set up the provisions of "withdrawing three", with the aim of preventing "waste" and making the trademark really be used reasonably. Therefore, after you get the trademark, you must use it as soon as possible, and keep relevant evidence of use to prevent it from being "revoked".
Two, timely change, consistent with the registered subject.
Paragraph 1 of Article 49 of the Trademark Law stipulates that "if a trademark registrant changes the registered trademark, the name and address of the registrant or other registered items without authorization during the use of the registered trademark, the local administrative department for industry and commerce shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, its registered trademark shall be revoked by the Trademark Office ".
When we use the trademark logo, whether it is a word mark or a graphic trademark, we must ensure that it is consistent with the trademark logo approved for registration at that time. We can only zoom in or out in proportion, but we can't change the content and font of the trademark ourselves.
At the same time, if the registered information such as the ownership, name or address of the trademark changes, it should be changed in time, otherwise it may bring huge economic losses to the company. For example, if the trademark is questioned after the company's address is changed, the Trademark Office will send a reply notice to the company. Because the company has not changed its address, it cannot receive the notice, which eventually leads to the cancellation of the trademark, which is not worth the candle.
Third, trademark licensing should be cautious.
Trademark owners can license their trademarks to others, but they must meet the standards, sign a written agreement and jointly apply to the Trademark Office. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.
Four. Copyright of registered trademarks
If a graphic trademark belongs to a highly original work of art, you can apply for copyright registration. Copyright protects the originality of works and prevents others from plagiarizing and plagiarizing works to obtain commercial benefits.
Five, for the trademark packaging to apply for a patent for design to strengthen protection.
If the trademark is used on the outer packaging of the product, you can also apply for a patent for design on the outer packaging. Design patent protects the unique design of product appearance and prevents others from confusing consumers by counterfeiting product appearance.
6. Try not to use unregistered trademarks.
Article 23 of the Trademark Law of People's Republic of China (PRC) stipulates that "if a registered trademark needs to obtain the exclusive right to use a trademark on goods beyond the approved scope of use, it shall file a separate application for registration". If a registered trademark is not used within the designated scope of goods and services, it is illegal to counterfeit a registered trademark and it is easy to be revoked by the Trademark Office.
Seven, timely renewal, so as not to fall short.
Paragraph 1 of Article 40 of the Trademark Law of People's Republic of China (PRC) stipulates that "if a registered trademark needs to continue to be used after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before its expiration; If it has not been handled during this period, it can be extended for six months. The validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal procedures are not completed at the expiration of the period, the registered trademark shall be cancelled. "
Trademark, as the most important part of intangible assets of enterprises, is a powerful legal weapon to protect brands. Trademark registration is not once and for all, and the maintenance and management after obtaining the license is also very important. For the applicant, it is more beneficial to plan ahead than to make up for it. If you have any other questions about trademarks, please consult Kuaichuangtong for understanding. Kuaichuangtong provides all-round intellectual property services such as trademark registration, copyright registration, software application, patent operation and project declaration.